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HomeMy WebLinkAbout03-3410 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELAINE D. GRAUEL, Defendant CIVIL ACTION - LAW NO. D3 --)1.//6 c''O~L J-~ IN DIVORCE and CUSTODY v. JAMES L. GRAUEL, JR. NOTICE TO DEFEND AND CLAIM RIGHTS TO: James L. GraueI, Jr. 833 Anthony Drive Mechanicsburg, P A I7050 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may aIso be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 283065-1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELAINE D. GRAUEL, Defendant CIVIL ACTION - LAW NO. 02-34/0 ~~~L T~ IN DIVORCE and CUSTODY v. JAMES L. GRAUEL, JR. COMPLAINT IN DIVORCE. I. The Plaintiff, EIaine D. Grauel, is an adult individual currently residing at 833 Anthony Drive, Mechanicsburg, Cumberland County, PennsyIvania, 17050. 2. The Defendant, James L. Grauel, Jr., is an adult individual currently residing at 833 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at Ieast six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 19, I995, in Osceola County, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. There was one (1) child born of this marriage: Kailey Rose Grauel (d.o.b. 04/23/1998). 8. The marriage is irretrievably broken. 283065.] 9. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 10. Plaintiff's Social Security number is 192-50-0178, and Defendant's SociaI Security number is I90-60-4942. 1 I. Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff, Elaine D. Grauel, requests that this Honorable Court enter a decree in divorce and any such other Orders as are appropriate and just. COUNT II EQUITABLE DISTRIBUTION 12. The averments of paragraphs 1 through I 1 are incorporated herein by reference. 13. During the marriage, the parties acquired marital property, assets, and debts which Plaintiff requests the court equitably distribute and assign. WHEREFORE, Plaintiff, Elaine D. Grauel, requests this Honorable Court to enter a decree in divorce and enter an order equitably distributing marital property and any such other order as may be appropriate and just. COUNT III COMPLAINT FOR CUSTODY I4. The averments of paragraphs 1 through 13 are incorporated herein by reference. I 5. The Plaintiff is Elaine D. Grauel, who resides at the address specified above. I6. The Defendant is James 1. Grauel, Jr., who resides at the address specified above. I 7. Plaintiff seeks primary physical custody and shared legal custody of the following minor child: 283065-1 Name Present Address Date of Birth Kailey Rose Grauel 833 Anthony Drive Mechanicsburg, P A I7050 04/23/I998 The minor child is presently in the physical custody of Plaintiff and Defendant who reside at 833 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania I7050. During the past five years, the minor child has resided with the following persons and at the following addresses: Name Elaine D. Grauel James L. Grauel, Jr. Address 833 Anthony Drive Mechanicsburg, P A I7050 Date Birth to the Present The natural mother of the minor child is Plaintifl' Elaine D. Grauel. The natural father of the minor child is Defendant James L. Grauel, Jr. I8. The relationship ofPlaintiffto the minor child is that of natura I mother. The Plaintiff currently resides with the minor child. I9. The relationship of Defendant to the minor child is that of natural father. The Defendant currently resides with the minor chiId. 20. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or in any other court. Other than the present action, Plaintiff has no information of a custody proceeding concerning the child pending in the Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation with respect to the minor chiId. 283065.J 21. The best interest and permanent welfare of the minor children will be served by granting the relief requested for the following reasons: (a.) PIaintiff is in the best position to provide a stable, responsible environment for the raising of the minor child; (b.) Plaintiff is stable and capable of providing the proper parental care and can better provide for the physical and emotional needs of the minor child, as well as the necessary continuity; (c.) Plaintiff is in the best position financially and emotionally to provide a stable and responsible environment for the raising of the minor ehiId; (d.) Plaintiff has been the primary of the minor child since birth; and (e.) It would be in the minor child's best interest to continue a relationship with her mother. 22. Each parent who has parentaI rights to the minor child has not been terminated and the person who has physical custody of the minor child have been named as parties to this action. All other persons, who are known to have a claim or claim a right to custody or visitation of the minor child have been named. WHEREFORE, PIaintiff, Elaine D. Grauel, requests this Honorable Court to enter a decree in divorce, enter an order equitably distributing marital property, enter an order granting 283065-1 primary physical custody and shared legal custody ofthe minor child to the Plaintiff, and any such other order as may be appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By c J'---- Andrew C:-S-pears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, PA I7110-0300 (7I7) 238-8187 Attorneys for Plaintiff Dated: .]- \<),(j ') 283065-1 VERIFICATION I, Elaine D. Grauel, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of I8 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: l. - \)- C~ 283065.} CERTIFICATE OF SERVICE. I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the CompIaint for Custody with reference to the .)h . foregoing action by first cIass mail, prepaid, this JS: day of --",)\L ~ ,2003, on the following: HeatherFau~,Esqillre Killian & Gephart, LLP 2 I 8 Pine Street Harrisburg, P A 17101 C J- .. Andrew CPears, Esquire 283065-/ ;j(::) ~\ ....... 'U ~ ~ Q ~ t V) ~ ~ III --..J ~ ~ '& 0 D P d O~() I C> I . t! p~ Jtr -c.r;. ~~; ~- 9 z {/) ~: ::./ ~~. -- . n .~~.::: ~':f ( TJ ~~~! ELAINE D. GRAUEL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 03-3410 CIVIL ACTION LAW JAMES L. GRAUEL, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, Au~ust 19, 2003 , the conciliator, at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIm COURT, By: Isl Dawn S. Sunday, Esq. Custody Conciliator {/ The Court of Common Pleas of Cumberland County is requircd by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~b'7-~~ ~"P1.,~ ~ e r>p'~'# ~~ ~#~ '% ~~.rP V'" 'wr"' '<'h,'I:Jd ",....,/1"....'-.1'.'1'..". 8 I' 'I .,. .. -,-'!\.In I' ,,,,,;"'t; r."',) ,\,1-,,... '"~'X, \ I \[11 \ 1 ,", .,,' j\)"~ " \ '" ,...' .1,' \1A ~Z "\Or j(J "J .',' }.}j\: Cr?- ~L, Fo- U?c.. D/'[t!".{.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELAINE D. GRAUEL, v. CIVIL ACTION - LAW NO. 03-3410 CiviI Term JAMES L. GRAUEL, JR. Defendant IN DIVORCE and CUSTODY AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, EIaine D. Grauel, in the above-captioned divorce action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant's counsel, Heather Faust, Esquire, on July 30,2003. Attached hereto, marked as Exhibit A, and incorporated herein by reference, is the Acceptance of Service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~SL.. Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 321 I North Front Street Harrisburg, PA 17]]0-0300 (717) 238-8I87 Attorneys for Plaintiff Dated: 7l~ I{ 0 3 Document #: 246891./ PIaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELAINE D. GRAUEL, v. CIVIL ACTION - LAW NO. 03-3410 Civil Term JAMES L. GRAUEL, JR. Defendant IN DIVORCE and CUSTODY ACCEPTANCE OF SERVICE I, Heather Faust, Esquire, counsel for Defendant, James L. Grauel, Jr., hereby certify that I am authorized to accept service of the Complaint in Divorce on behalf of my client and do so this 3CJ day of ..J -..I \ '1 ,2003. KILLIAN & GEPHART, LLP .... j~ ..... + 1-. _ By I~ UJ\. t~ Heather Faust, Esquire Killian & Gephart, LLP 218 Pine Street Harrisburg, P A 1710 1 Attorney for Defendant CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Affidavit of Service with reference to the foregoing action by first cIass mail, postage prepaid, this 3 f uty of July, 2002, on the following: Heather Faust, Esquire Killian & Gephart, LLP 218 Pine Street HarrisbUrg, PA I7IOl EIaine Durham GraueI 833 Anthony Drive Mechanicsburg, P A 17050 G ..... - ~ Andrew C. Spears, Esquire Document #: 246891,1 ELAINE D. GRAUEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-3410 Civil Term JAMES L. GRAUEL, JR., Defendant IN DIVORCE and CUSTODY ORDER OF COURT AND NOW, this --15-.iL day of -1\ \J t ,. <::.1 , 2003, upon review and o consideration of the Stipulated Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby ADOPTED as the Order of this Court. BY THE COURT: cc: ( ( Andrew C. Spears, Esquire, Attorney for Plaintiff .I2ofY I""YlElIU . Heather Faust, Esquire, Attorney for Defendant - Copy ~':2Lly 9'f.Yi;U ~JIJ"/O.3 ~ J. VINVSV-S\'N3d )J. II,rr ,.... ..' '.".-'f'i\8 ":, \') '\ ',.,\' '1""-;,,,1,' ~I .\. " ." . " ,- , t, \ :b :: ~ JIV~ i::' SEP U 5 2003 .~ ELAINE D. GRAUEL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 03-3410 CIVIL ACTION LAW JAMES L.GRAUEL Defendant IN CUSTODY ORDER AND NOW, this 3'd day of September. 2003 , the conciIiator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, (O(2~, Dawn S. Sunday, Esquire Custody Conciliator -"- C!- ;:t LJ c" d::-: 8::~~ (",--- I)~~ ,c.')(' <-1..]1 .-:__J I-.'_~- :.' , if: t'5 u) , ,- r:- -' ~; ~~ c: I~{~ ,-..,:;..!: ~'5:! ..07;9 :r;;> d!f! ~ :5 CJ tn I E;- rA C") <::> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA et/l-/)/r )) b"2-J/?iEL Plaintiff 03-31/0 Vs File No. J/l mC'S 6/Z;:JU ie . lit. IN DIVORCE j, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or L after the entry of a Final Decree in Divorce dated J 2/;2 / /0 1-, hereby elects to resume the prior surname of 1117;;.)1" Y I.) ,e1/1l J?1 , and gives this written notice avowing his / her intention pnrsnant to the pro1siF of 54 P .S. 704. Date: JZ/Zl3/tJ4- <X\Y-+ . ( I Signature (j)) 1~ ~- . Signature of name being resumed COMMONWEflT,H OF PENNSYLVANIA ) COUNTYO~~la~ On th;(B Th day of D ~VYlku..r , 20~, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. J~~ f ,f vt{t-fL Notary Public NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC I Carlisle Boro, Cumberland Count~ : i i\~y Commission Expires April 4, 20':'5 . <-"..-.-..-..."""".._--~ ~ ........ V-\ <0(1. ...... ~ ~ (\ ~ ~ ~ ::t- \ (-.: :........,~ I,"" c.'""'! -j::- .,-, r~; 1. 1"- ~ .' ,I. c." [1 ' " '\ ELAINE D. GRAUEL, Plaintiff : IN THE COURT OF COMMON PLE OF : CUMBERLAND COUNTY, PENNSY VANIA v. : DOCKET NO. 03-3410 JAMES L. GRAUEL, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this;;1,-! day of.s ~ f' r-I: T>-> b u, 2004, by d between Elaine D. Grauel (hereinafter "Wife") of Mechanicsburg, Cumberland Cou ty, Pennsylvania, and James L. Grauel, Jr. (hereinafter "Husband") of Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on May 19, 1995, in Osceola County, Florida; and WHEREAS, one child was born of the marriage, Kailey Rose (d.o.b. 4/23/98) and WHEREAS, unhappy differences and difficulties have arisen between the pa ies, in consequence of which the parties intend to live separate and apart for the rest of th ir natural lives; and WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 2003-3410; and WHEREAS, the parties desire to settle fully and finally their respective financ. I and property rights and obligations as between each other, including, but not limited t , the ownership and equitable distribution of real and personal property; past, presen and future support, alimony and/or maintenance; and any and all claims which either pa y has, or may have, against the other or the other's estate; and NOW, THEREFORE, in consideration of the mutual promises, covenants, a d undertakings hereinafter set forth and for other good and valuable consideration, re eipt of which the parties acknowledge, Husband and Wife, each intending to be legally ound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfe e with the other or attempt to interfere with the other, nor compel the parties' cohabita ion. 2. HUSBAND'S AND WIFE'S DEBTS Except as othelWise set forth in this Agreement, the parties represent and w to each other that they have not incurred and will not contract or incur any debt or lia ility for which the other or the other's estate might be held responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands ma against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and uncondition lly release and forever discharge each other and their heirs, executors, administrators, 2 assigns, property, and estate from any and all rights, claims, demands, or obligatio arising out of or by virtue of the marital relationship, whether such claims exist no or arise in the future. This release shall be effective regardless of whether such claim arise out of former or future acts, contracts, engagements, or liabilities of the parties or b way of dower, courtesy, widow's rights, family exemption or similar allowance, or unde the intestate laws, or the right to take against the spouse's will, or the right to treat a lif, lme conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws ofPennsyl anla, any state, commonwealth, or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or cla to have, and except for the obligations of the parties contained in this Agreement, each arty gives to the other an absolute and unconditional release and discharge from all cause of action, claims, rights, or demands whatsoever, in law or in equity, which either party ver had or now has against the other, including, but not limited to, alimony, alimony pen ente lite, spousal support, equitable distribution of marital property, counsel fees or expen es. 4. REAL ESTATE The parties own as tenants by the entireties improved real property situated at 833 Anthony Drive, Cumberland County, Pennsylvania 17050 ("marital residence"). n consideration of the mutual promises ofthe parties, it is agreed as follows: 3 (a) Within ninety (90) days ofthe date of signing this Agreement, Wife agrees to transfer all of her right, title, and interest in the mari residence to Husband; (b) Husband will assume sole responsibility for the payment of th first mortgage on the marital residence and cooperate with Wife to nsure that Wife is released from the mortgages; and within ninety (9 ) days shall refinance the mortgage to ensure that Wife is released fro the mortgage; (c) Husband shall assume sole responsibility for the payment of all mortgage, taxes, insurance, upkeep, and related expenses for th property from and after the date of transfer and shall indemnify ife for his failure to do so; (d) Husband agrees to pay Wife the sum ofTen Thousand Dollars ($10,000.00) in exchange for her waiving all of her interest, titl or claim, whatever it may be, in the marital residence. Husband sh 11 direct the settlement agent to issue a check to Wife in the sum 0 $10,000 immediately after the three-day recision period followi Husband's refinancing in the marital residence; and 4 (e) At the time of refinancing, Wife shall execute a Deed conveyi g to Husband all of her right, title and interest in the Marital Resid nce, free and clear of all encumbrances. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction and in accordance with Exhibits A and , which are attached hereto and incorporated herein by reference. With regard to the ulbs referenced in Exhibit A, Wife shall make arrangements with Husband during the appropriate season ofthe year to remove the bulbs in a manner that is mutually agre able to the parties. With regard to the birth certificate and social security card referenced in Exhibit A, it is understood by the parties that Husband will return Wife's birth certi cate and Wife's social security card and Husband will make available child's birth certifi ate and child's social security card to Wife for photocopying purposes only. All person property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. Within seven (7) days of the date of the execution of this agreement, Wife sha have the oppOliunity to walk through the marital residence with Husband being prese t. The purpose of this walk-through of the marital residence is to allow Wife the oppo to remember any minor items which she may want from the marital residence. Witru 5 three (3) days of the date of the walk-through of the marital residence, Wife shall p ovide a list of additional property, if any, which Wife is requesting. All personal propert shall be returned to Wife in the same condition as she left it, within ten (10) days of the ate of the execution of this agreement. In the event that the parties are unable to agree on he division of personal property following the walk-through of the marital residence, e ch party reserves the right to file a petition for special relief with the court in order to r solve the matter. Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership ofthe 1997 Honda Accor (VIN. IHGCD5682V A16990S) in his possession. Wife shall retain sole and exclusiv ownership of the 1993 Honda Civic (VIN. IHGEJII 57PL024499) and 1998 Dodge Durango (VIN. IB4HS28Y2WF226644) in her possession. Husband and Wife agre to execute, within thirty (30) days ofthe date of this Agreement, any and all forms, title, and documents necessary to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage with the exception of the following: 6 Account Approximate Balance Due (a) Loan for 1997 Honda Accord (Husband agrees to be solely liable for paying off the Honda loan.) $ 6,000.00 Any debts or obligations incurred by either party in his/her individual name, ther than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS Each ofthe parties does specifically waive, release, renounce, and forever ab ndon all of their right, title, interest, or claim, whatever it may be, in any pensionJretirementJprofit sharing plan of the other party, whether acquired through s id party's employment or otherwise, and hereafter the pension/retirementJprofit sharing plan shall be identified above as being either husband's or wife's and shall become the so e and separate property of the party in whose name or whose employment said plan is carried. 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed r divided to their mutual satisfaction prior to the execution of this Agreement. 10. INVESTMENTS The parties have acquired IOO shares of stock in Rite Aid and 10 shares of Dis ey Stock. The shares of Rite Aid stock shall become the sole and separate property of 7 Husband. The shares of Disney stock shall become the sole and separate property f Wife. The parties shall execute all documents to transfer their right, title and inter t in these stocks within thirty (30) days of the execution of this agreement. 1 L AFTER-ACOUIRED PROPERTY Each of the parties shall own and erljoy, independently of any claims or righ of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely b that party and the other party shall have no claim to that property. 12. SPOUSAL SUPPORT ALIMONY AND ALIMONY PENDENTE L TE Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties purs ant to any tenn of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 13. TAX MA TIERS The parties have negotiated this Agreement with the understanding and intenti n to divide their marital property. The parties have detennined that such division confo TIS to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein intended by the parties to constitute in any way a sale or exchange of assets. It is 8 understood that the property transfers described in his Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not resu t in the recognition of any gain or loss upon the transfer by the transferor. 14. TAX DEDUCTIONS (a) The parties hereby agree that they will alternate claiming the mar Child for tax purposes with Husband claiming her in odd years and Wife claiming her in even years. (b) The parties hereby agree that they will file their 2003 Income t es jointly and split any return 50/50. In the event the parties owe money for the 2003 tax year, they will split the debt 50/50. 15. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for pa nt of his/her own counsel fees and expenses. 16. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have b n informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicabl laws. 9 Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reas able under the existing circumstances. The parties further confirm that each is entering i to this Agreement freely and voluntarily and that the execution of this Agreement is n t the result of any duress, undue influence, collusion, or improper or illegal agreement. I 7. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a n -fault divorce under the provisions ofthe Divorce Code of 1980, as amended. 18. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) ofth Divorce Code, as amended. As provided in Section 31 05( c), provisions of this Agreement regarding equit ble distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be su ~ect to modification by the court. 19. DATEOFEXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreeme t on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 10 20. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and hall not affect the meaning, construction, or effect ofths Agreement. 21. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause, or provision of this Agreem nt shall be determined or declared to be void or invalid in law or otherwise, then only t at term, condition, clause, or provision shall be stricken from this Agreement and in al other respects this Agreement shall be valid and continue in full force, effect, and operati 22. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall inure to the benefit of the parti and their respective heirs, executors, administrators, successors, and assigns. 23. INTEGRATION This Agreement constitutes the entire understanding of the parties and supers es any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set fort m this Agreement. 24. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless n writing and signed by both parties. II 25. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of Agreement shall in no way affect the right of such party hereafter to enforce the te 26. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that ey have reached this Agreement freely and voluntarily, without any duress, undue infl ence, collusion, or improper or illegal agreements. 27. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 28. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party hall pay all reasonable legal fees and costs incurred by the other in enforcing this Agree ent, providing that the enforcing party is successful in establishing that a breach has occ rred. IN WITNESS WHEREOF, the parties have set their hands and seals the day d year first written above. WITNESS: c~ Elaine D. Grauel /1 \, 'M..,~1 FCA..,'-)...../~ ! I2 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND , On this, the Dl. f1 day of (-.{\ v~ u~, 2004, before me, a Notary Pub ic, the undersigned officer, personally appeare SUSAN KAY CANDIELLO, known to e (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally presen when ELAINE D. GRAUEL whose names are subscribed to the within Marital Set ement Agreement, executed the same, and that said persons acknowledged that they executed th same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. -.- NO;~'l;;:3..;.'...,.;::.~;",', ',:)',.,I..'.'.,;.^.,.... ~.,' ..,...-. II', G;:liI p, rli!""rr. ~-; , ",'~' " l,M-ch~rY:'- F')i'i" ;'-' ",.,,~\ ,.'J I My Ce, "1; w__-' M~!mrj:-?L \ COMMONWEALTH OF PENNSYLVANIA ) ) 55.: COUNTY OF DAUPHIN ) -+h On this the J lj day of ~~, 2004, before me, the undersi ned / officer, personally appeared JAMES L. GRAUEL, JR., known to me (or satisfact 'Iy proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: COMMONW rH f ENN Notarial Seal Patricia L. Eismann, Notary Public CIty of Harrisburg, Dauphin County My Commission Expires Nov. 8, 2007 EXHIBIT A List of Personal Property to be Returned to Wife, Elaine D. Grauel Kitchen One-half of knick-knacks All cookbooks with the exception of one or two Recipe box and recipes Mickey Mouse cast iron muffin pan All terra cotta bowls and baking dishes All jelly juice glasses Kitchen-Aid counter-top mixer Bread maker Deep fryer Square electric crock pot Square electric frying pan Mini food chopper Mini electric crock for hot dips Rolling pin Two glass pie-baking dishes Two square baking dishes Two cooling racks Jellyroll pan One metal baking pan (Lena written on the side) One glass bread-baking dish One blue baking dish One small rectangle glass baking dish with basket Two small round baking bowls Two Longaberger baskets with handles Small Longaberger basket with baking dish One- hal f baskets Berry color mixing bowls Two plastic rubber bottom mixing bowls Two wooden handled for utensils One-half cooking gadgets in top drawer Dish cloths made by Ella Durham One bottle of champagne Pizza stone with metal rack Mini rectangle cooking stone 14 Black lab calendar Insulated baking carrier and dish One-half plastic and storage containers Black dog bowl Poppies on blue bowl Two Mickey Mouse glasses Cooking apron Mickey Santa cup and plate Birthday plate One-half Kailey's plates, silverware and cups Oval white cutting board Glass cutting board Tupperware measuring cup 35mm camera Digital camera One-half little colored ice cube freezies Living: room Jade plant Kailey's wooden chair (from Nana & Papa) Elaine's small black rocking chair Frank Lloyd Wright clock Gardening books Small bedroom One-half spare gifts Master bedroom Black iron quilting rack Black standing candleholder White watering can Jewelry box Hand made Easter basket with contents 15 Kailev's bedroom One-half spare gifts All Kailey's Disney outfits One-half Kailey's toys One-half Kailey's clothes Linen & medicine closets Penguin flannel sheets One-half books Bathrooms One-half medicine & personal health care products Indoor/outdoor thermometer Longaberger tissue basket One-half knick-knacks Storm's shampoo Computer room Drafting table Drafting equipment Drafting desk lamp Stool Box of cards Photo albums Scrapbooks Family room One-half Kailey's toys One-halfDVD & VHS including 1/2 VHS/DVD Disney Collection One-half CD One-half knick-knacks Pinball machine Small black TV w/VCR 16 Washroom Storm's dog food container One long table and four folding chairs Tall outdoor burning candles Checkerboard cake kit One-half plastic storage containers One-half cooking pots Elaine's skis, poles and boots Coleman lamp Storage area One-half gift wrapping paper One-half suite cases One suite case set One- half kick-knacks One-halfKailey's clothes Small fireproof safe Birth certificates and Social Security cards Kailev and Elaine's Disney passes Garage/Attic Red ladder Two Lightening glider sleds Two red wagons Grandmother's wooden cabinet Green roller gardening stool All gardening tools (hand tools, shovel, rake, and pick) Stain glass equipment Small shop vac Small gray and black toolbox Mountain bike One-half holiday contents in attic Kailey's Christmas sock (made by Aunt Karen Swebilius) Beach chair Penguin chair Green and white sun canopy Storm's kennel 17 Bike/ski rack for Honda Two wicker mats Ice cream maker Mardi Gras stuff in attic Outside/Shed Potted orange tree Potted pine tree Potted pussy willow tree Potted strawbeny All planted tulips, daffodils, hyacinths, grape hyacinths and ins bulbs Mother's day heart birdhouse Rabbit shepherd's hook Long plastic hanging bird feeder Wooden bird feeder hanging Wooden bird feeder on stand Long black tree hooks Metal plant globe White shed topper Black Lab weather vane Wooden potting table Garden hose with hand nozzle Garden hose storage box Girl on bench garden ornament Girl bird feeder garden ornament Witch on bench garden ornament Small red wheel barrel Storm's swimming pool One-half Kailey's toys Two white square pots with plants Small standing metal plant hanger Green watering can Garden tote Pictures One-half Kailey's pictures - Mother shall have all the photographs to review to determine which photographs she would like to have. Duplicates shall be made of all photographs, which both parties would like to have with a cost of duplication being equally divided between the parti s. I8 Bag of Elaine's Stuffed Toys Durango Luggage Carrier Lazy Susan Vegetable Tray in Box Savings Bonds Photocopy of all of Kailey' s Medical Records Kailey's Catholic Baptismal Papers, Clothe, Dress and Candle 25 Disney Anniversary Picture 20 ELAINE D. GRAUEL, PLAINTIFF : IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 03-3410 JAMES L. GRAUEL, JR, DEFENDANT CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330I(c) of the Divorce Code was filed 0 July 17,2003 and served upon the Defendant on July 30, 2003. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ni ety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribu ion of marital property, counsel fees or expenses has not been filed with the Court before the en ry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand th t I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Offic , which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that fa e statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ) !/tl/() 4- DATE I C,) ;;'\ "'-.- 1,.0 ----- - MYI0200. ELAINE D. GRAUEL, Plaintiff : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA v. : DOCKET NO. 03-3410 JAMES L. GRAUEL, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was fil on July 17,2003, and served upon Defendant on July 30,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ni ety (90) days have elapsed from the date of filing and service of the Complaint. I verify that the statements made in this affidavit are true and correct. I under and that any false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 490 , relating to unsworn falsification to authorities. Dated: November 12, 2004 ~_.~ '- \c ELAINE D. GRAUEL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-3410 JAMES L. GRAUEL, JR., DEFENDANT CNIL ACTION - LAW ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330Hc) OF DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, la fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand t falSe statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relatin unsworn falsification to authorities. ul//Jot?- DATE { { d ELAINE D. GRAUEL c,:; , c,:) (i') ELAINE D. GRAUEL, Plaintiff : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA v. : DOCKET NO. 03-3410 JAMES L. GRAUEL, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF DIVORCE DECREE UNDER ~ 330l(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of pr erty, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entere by the Court and that a copy of the decree will be sent to me immediately after it is file with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Dated: November 12, 2004 " ~' , (/:' 1'! (}o C;) r3 L/I [1 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Transmit Record upon the following by depositing a copy of same in the United St es mail, regular mail, postage prepaid, addressed as follows: Susan Kay Candiello, P.C. 5021 East Trindle Road Suite 100 Mechanicsburg, P A 17050 ''Iv} f/J Q. ~Jl:) ~e Ann FIsher Administrative Assistant Killian & Gephart 218 Pine Street Harrisburg, PAl 710 1 (717) 232-1851 Dated: December 3, 2004 . . Plaintiff IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENNS L VANIA ELAINED. GRAUEL, v. CIVIL ACTION - LAW NO. 03-3410 Civil Term JAMES L. GRAUEL, JR. Defendant IN DIVORCE and CUSTODY ACCEPTANCE OF SERVICE I, Heather Faust, Esquire, counsel for Defendant, James L. Grauel, Jr., hereby certi that I am authorized to accept service of the Complaint in Divorce on behalf of my client and do 0 this 3Gdayof -l-Jl.., ,2003. KILLIAN & GEPHART, LLP By ,..J-V:::'JjJ-.U._A t: o...J.J-..;~t Heather Faust, Esquire Killian & Gephart, LLP 218 Pine Street Harrisburg, PA 17101 Attorney for Defendant [.,. i,.;i." ELAINE D. GRAUEL, Plaintiff : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA v. : DOCKET NO. 03-3410 JAMES L. GRAUEL, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the C for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 ( c) 0 the Divorce Code. 2. Date and manner of service of the complaint: By regular mail to Defendant's counsel on July 30,2003, as evidenced by the attached Acceptance of Service which is being filed contemporaneously herewi 3. Date of execution of the affidavit of consent required by Section 3301 the Divorce Code: by Plaintiff on November 11, 2004; by Defendant November 12,2004, which are being filed contemporaneously herewi 4. Related claims pending: The marital settlement agreement, dated September 24, 2004, is incorporated into but not merged with the Dec Divorce. 5. Date of execution of waiver of notice: by Plaintiff on November 11, 2 04; by Defendant on November 12,2004, which are being filed contemporaneously herewith. Dated: November 18, 2004 ~CA.-Uu.. Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-185I Attorneys for Plaintiff ~ t ..,..~- ." "'.',,) - -- .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~~ ~~~~~~~~~~~~~~~~~~ ~~ IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF PENNA. Elaine D. Grauel, No. 03-3410 Plri;nt-iff VERSUS James L. Grauel, Jr., Defendant DECREE IN DIVORCE AND NOW, Dt"~C1-,~r 7 1 . , loo '-I, IT IS ORDERE DECREED THAT F.l::1inp f) ~r;ll1p.l , PLAINTIFF, AND James L. Grauel. Jr. , DEFENDAN , ARE DIVORCED FROM THE BONDS OF MATRI MONV. ,.,;f.<t '" AND :f. '" ~'f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + . + . . . . . . + . + + . + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT VET BEEN ENTERED; + + . + + but not merged with the Decree in D'vorce+ + + + + + + PROTHONOT RY The Marital Settlement Agreement, dated September 24, is into . Cf.'f. :Ii:+: 'l''f:f.'f '+:Ii Bv THE COURT: . . +;+;'F.:f.!ii;F 'f.:f.Cf.'f. . . 2 04, J. . . + . . + . . + . + . . + . '+:f:+"'''''''+ ??'~) fi?/ ;e ~Z}'1'/'; ~P-C,/)0 Lt:?' e'/ r~jb ~ ~W1"~?'n At/'.~'e/ ......~... . . . . .